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Monday, December 08, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Dec. 11th:

9:00 AM - Scottie Adams v. State of Indiana - After a witness claimed to be afraid to testify, the St. Joseph Superior Court denied Adams' motion for mistrial but admonished the jury to disregard the statement. Adams was convicted of voluntary manslaughter and other offenses. The Court of Appeals affirmed in Adams v. State, (Ind. Ct. App. 7/25/2008), vacated. [Here is the ILB summary of the COA opinion.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Adams: Thomas P. Keller, South Bend, IN. Attorney for State: Monika Prekopa Talbot, Indianapolis, IN.

9:45 AM - Jeffrey A. Graham v. State of Indiana - Graham was convicted of resisting law enforcement and other offenses in the Bartholomew Superior Court, and the Court of Appeals affirmed, finding there was sufficient evidence to support the conviction. Graham v. State, (Ind. Ct. App. 7/24/2008), vacated. [Here is the ILB summary of the COA decision - 3rd case.] The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorney For Graham: Donald J. Dickherber, Columbus, IN. Attorney for State: Ian McLean, Indianapolis, IN.
[NOTE: Scroll to the end of this entry for links to the documents in this appeal. I hope this marks the start of a trend of briefs on transfer being sent to the ILB.]

10:30 AM - Gary Community School Corp. v. Tom Powell - The Lake Superior Court entered a judgment for Powell on his complaint against the Gary Community School Corporation under the Family Medical Leave Act. The Court of Appeals reversed after concluding that Powell, a full-time teacher, was not eligible for protection under the FMLA with regard to his part-time coaching position at the school. Gary Cmty. Sch. Corp. v. Powell, 881 N.E.2d 57 (Ind. Ct. App. 2/19/2008), vacated. [ILB summary of the COA decision here.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. For Appellant: John P. Reed, Hammond, IN. Gregory S. Reising, Gary, IN. For Appellee: Anna M. Hearn and Thomas F. Macke, Valparaiso, IN. For Amicus Curiae, National Employment Lawyers Association: Tae Sture, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals that will be webcast:

None scheduled.

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Thursday, Dec. 11th:

1:00 PM - William Cornett vs. State of Indiana - William Cornett appeals from his conviction of Class B felony robbery, for which he received a sentence of fifteen years of incarceration. Cornett claims that the trial court erred in denying his motion for mistrial, which he made after the jury heard argument that police attention became focused on him following an anonymous tip that he had committed the crime in question. Second, Cornett contends that the trial court engaged in impermissible communication with the jury without consulting his trial counsel first. Third, Cornett contends that the trial court abused its discretion in admitting a videotape of the robbery in question, as it was allegedly insufficiently clear. Finally, Cornett contends that the trial court failed to properly instruct the jury on the definition of a deadly weapon and that the jury had the right to decide the law and the facts. The Scheduled Panel Members are Chief Judge Baker, Judges Crone and Bradford. [Where: Terre Haute South High School, Terre Haute, Indiana]
__________

Jeffrey A. Graham v. State of Indiana documents:

1. Court of Appeals opinion

2. Petition to Transfer (note: no response to transfer filed by the State)

3. Notice of Additional Authority

4. Briefs in the Court of Appeals:

a. Appellant's Brief
b. Appellee's Brief
c. Appellant's Reply Brief

Thanks for the above to Joel Schumm of the IU-Indianapolis Law School, who writes:

Although Don Dickherber did all the briefing, the Appellate Clinic at the Indiana University School of Law-Indianapolis will be representing Mr. Graham at oral argument. Third-year law student Jonathan Bont will do the initial argument, and I'll be doing rebuttal.

In short, Mr. Graham was convicted of resisting law enforcement for not giving his hands to police officers who sought to handcuff him. The argument will focus on the requirement of "forcibly" resisting.

Posted by Marcia Oddi on December 8, 2008 07:06 AM
Posted to Upcoming Oral Arguments